Since 1987, the New Mexico Environmental Law Center has worked every day to protect New Mexico's water, land and air from toxic pollution; and to assist its many and diverse communities protect their environment.
NMELC Files for Summary Judgment on HRI Discharge Permit
It’s up to a Judge to decide.
The final documents were filed in the case of Hydro Resources Inc. (HRI) expired discharge permit.
The NMED’s regulations state that a discharge permit must be renewed within five years if an operation is actively discharging or seven years if no discharges are occurring. The regulations are clear that in “no event” may permits be granted for more than seven years. HRI’s permit expired in 1996 and we argue that the company must go through the extensive process of applying for a new permit.
But the NMED has interpreted the law as saying that if a company submits its renewal application on time, its current permit will be held – almost as if time has stopped – until the NMED has approved or denied it. In other words, until NMED decides – be it in a year or a thousand years – the permit is valid and will stay valid indefinitely.
Piñon Awards Honor the Best
The New Mexico Environmental Law Center — honored for the Quiet Inspiration Award — has been working to protect the land, water and air since 1987. Whether helping Picuris Pueblo fight off a mica mine or working with traditional water rights owners to protect their acequias, the law center is an important player in giving a voice to those who otherwise might lack power…
Congratulations, Piñon Award winners. It’s good once again to reflect upon the many ways we can help each other. Santa Fe New Mexican
Motion to Consolidate the 7 Pending Appeals of the Carbon Reduction Rules
NMELC filed a Motion to Consolidate in the Court of Appeals yesterday, seeking to consolidate the seven separate appeals that are pending. The pending appeals are virtually identical and each appeal is currently stayed. The consolidation will promote efficiency and conserve judicial resources.
Learn more about the New Mexico Greenhouse Gas Emission Cap case.
Oil and Gas Group Wants State ‘Pit Rule’ Eased
The New Mexico Oil and Gas Association wants the state to substantially change its rule on how well drilling and production waste fluid are handled…the industry group on Friday appealed the rule to the Oil Conservation Division. The group simultaneously filed a motion asking District Court Judge Barbara Vigil to stay a court action the organization filed earlier…
Eric Jantz, lead attorney on the court case for the New Mexico Environmental Law Center, called the move unusual…Jantz said his early reading of the proposed rule amendments pinpointed three big changes. Santa Fe New Mexican
Read full story. Learn more about the New Mexico Oil and Gas Pit Regulation appeal case.
2 NM Regulators Step Down from Emissions Case
Two regulators Monday rescued themselves from debate on an effort to repeal tough new anti-pollution rules after environmentalists raised questions about their impartiality…Questions about the impartiality of Fulfer, Casciano and board chairwoman Deborah Peacock were first raised last month by the environmental group New Energy Economy…
[Bruce Frederick] said Casciano and Fulfer made the right decision because their previous comments are part of the case record and it would have been awkward for them to review their own testimony now that they are decision makers. Forbes.com
Read full story. Learn more about the New Mexico Greenhouse Gas Emission Cap case.
Mixed Marks for Gov. Martinez on Transparency
So, 10 months into her first term as governor, has Martinez made good on her promises? Is New Mexico government more open? ...Environmental activists, meanwhile, give the Republican governor low marks when it comes to inclusion and transparency in several recent cases.
“We’ve had no transparency and working together with this administration,“ said Tammy Fiebelkorn, the New Mexico representative for the Southwest Energy Efficiency Project, a group involved in a case related to green building codes. The state’s Construction Industry Commission n [sic] June voted to repeal energy-efficiency codes put in place during Richardson’s tenure. Santa Fe New Mexican